Haryana Ceiling on Lands Holdings Act, 1972, Section 26(1)(b) -- Original order of surplus passed in 1961 and against allotment appeal and revision finally decided by Financial Commissioner - Recourse to Civil Court litigation - Cannot come to rescue of landowner to recover surplus land - Jurisdiction of Civil Court - Stands barred - Civil Procedure Code, Section 9...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction issued by trial Court, in a suit for permanent injunction that defendants be restrained from raising any construction over property in dispute, reversed by Appellate Court - Specifically undertaking given by defendants - High Court issued directions that defendants or any other persons claiming under..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Street - Encroachment by plaintiff - Held, an encroacher has no right to seek temporary injunction against Gram Panchayat...........
Civil Procedure Code, 1908, Section 115(1) -- Proviso as inserted by Amendment Act 46 of 1999 w.e.f. 1.7.2002 - Interlocutory orders passed by Courts subordinate to High Court against which remedy of revision excluded by CPC Amendment Act 46 of 1999 - Open to challenge in- and continue to be subject to certiorari and supervisory jurisdiction of High Court - Amendment by..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), Criminal Procedure Code, 1973, Section 468 -- Tea - Sample found to be adulterated - Complaint lodged after 3 years and two months - Limitation u/s 468 Cr.P.C. is 3 years - Complaint quashed...........
Criminal Procedure Code, 1973, Section 219(1) -- Cheating in large number of cases - Investigating officer splitting up challans - No irregularity...........
Civil Procedure Code, 1908, Order 40, Rule 1, 3 -- Application for appointment of Receiver - Serving judicial officer should not be appointed as receiver by any Court of Law in interest of justice and fair play...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Application for appointment of receiver - Ascertaining of right of the party - Mandatory - Dispute as to right of parties to have share in management and income of temple - Application for interim injunction - Trial Court ought to decide first injunction application - Appointment of receiver straightaway by trial Court..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Fraud - Pleading - Full particulars must be pleaded in case of fraud, undue influence and coercion - General allegations are not sufficient...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 20, Civil Procedure Code, 1908, Order 33, Rule 1 -- Interim maintenance during pendency of application seeking permission to sue in forma pauperis - Can be granted - The moment an application in forma pauperis is presented it is commencement of the suit...........
